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Patna High CourtCR. MISC./50970/2024bail granted

Rohit Kumar v. The State Of Bihar

2024-09-06Mr. Justice Chandra Shekhar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50970 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rohit Kumar SON OF ASHOK SAHNI Resident of village- Kaithwaliya, Ward No 08, PS- and district -Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2.The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Gopalganj Town P.S. Case No.

308 of 2024 registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. The allegation against petitioner is to involve in selling of forged e-court fees along with other co-accused persons and thus by caused a lawful loss to government revenue.

4. It is submitted by learned counsel

2/4 appearing on behalf of the petitioner that the name of this petitioner surfaced during course of investigation on the basis of confessional statement of co-accused, Ashok Sahani who is none but father of this petitioner. It is pointed out that entire incriminating materials surfaced/recovered from the house/chamber of the co-accused, namely, Naveen Chandra Singh, who is a practicing advocate of Gopalganj Civil Court. It is also pointed out that on the basis of confessional statement of coaccused, namely, Ashok Sahani, no incriminating materials recovered during the course of investigation, as to convict prima facie this petitioner with crime in question. It is submitted that merely on the basis of suspicion as petitioner was the son of a vendor who works with the main co-accused, Naveen Chandra Singh, he was implicated with the present case. The petitioner is involved in one more criminal case where he is on bail.

3/4 5 Learned APP for the State has opposed the prayer of anticipatory bail.

6. In view of the aforesaid facts and circumstances as implication of this petitioner prima facie appears on the basis of suspicion where the entire incriminating materials recovered from the house/chamber of coaccused Naveen Chandra Singh, accordingly, petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, where the case is pending in connection with Gopalganj Town P.S. Case No. 308 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

4/4 (Chandra Shekhar Jha, J) Neha/- U T